News

he Department of State released the much-awaited October 2022 visa bulletin, the first visa bulletin for the fiscal year 2023. The visa bulletin summarizes the availability of immigrant visas both for consular processing and adjustment of status applications to be filled in October 2022. The State Department releases both the Final Action Dates and Date of Filing Application for Employment-Based and Family-Based immigrant visas. The U.S. Citizenship and Immigration Services (USCIS) confirmed which chart Applicants must use to file their Adjustment of Status Application (AOS). Below is the breakdown of the movements in the October 2022 visa bulletin. Some retrogression is noted.

The U.S. Citizenship and Immigration Services (USCIS) announced updated guidance for religious workers. The efforts expand and reorganize existing guidance. Per the Immigration and Nationality Act (INA), qualified individuals who are affiliated with a verified religious organization or affiliate are given the option to apply for a special immigrant visa, the R-1 nonimmigrant visa classification. This visa allows the recipient to temporarily enter the United States as a minister for a specific religious organization.

The recent update to the Deferred Action for Childhood Arrivals (DACA) program instituted by the Biden Administration should not slow the review of a previous order, currently under appeal. That previous order stopped the enrollment of new applicants to the DACA program. That decision is being appealed and is currently under the Fifth Circuit court. However, the circuit court is considering sending the case back to the lower court. The Biden administration is urging the Fifth Circuit court to review the appeal and deliver a decision.

The Eleventh Circuit upheld an immigrant’s deportation order after they failed to appear at their removal hearing. The individual did not keep an updated address on file with the Department of Homeland Security and as such, did not attend the removal hearing.

Individuals applying for immigration status of any kind are required to maintain an accurate and up-to-date address with the U.S. Department of Homeland Security (DHS). This ensures the agency is able to contact the individual through the duration of their immigration process and remain in good standing with DHS. If individuals do not follow DHS agency procedures, including keeping an updated address on file, they are subject to removal proceedings.

Lawsuits filed by various investor groups against U.S. Citizenship and Immigration Services (USCSI) have been settled, ending the suits. USCIS agreed to remove recent reforms to the EB-5 visa program that require recertification of regional centers. The basis of the lawsuits claim the recertification requirement was not an accurate interpretation of legislation passed by Congress. The agreement must now be approved.

The H-1B lottery has now ended, as USCIS received sufficient petitions to reach the FY 2023 cap in the first round. For those that are selected, we present recommendations to maximize your options for a positive outcome and present the outcomes of a group of petitions that have been adjudicated including straight approval, RFEs, the basis of the RFEs, our success rate (100% so far), and more. Understanding what those H-1B petitions that have been selected may face in the coming months or year is key to preparing for success.

U.S. Citizenship and Immigration Services (USCIS) announced sufficient petitions have been received to fill the FY2023 H-1B visa cap. Both the regular visa cap of 65,000 and the master's cap of 20,000 are assumed to be filled with current filings.

Employers may be allowed to use technology to virtually verify their employees’ U.S. work eligibility. A proposal suggests the use of email or video or other remote technologies become a permanent option for employers. Originally, the U.S. Department of Homeland Security (DHS) provided for remote verification for the Form I-9 due to the COVID-19 pandemic where business moved online. These flexibilities, however, are being considered a permanent option as more employees move to remote or hybrid work locations.

Citing the policy as arbitrary and capricious, a group of asylum-seekers asked a federal judge to end the policy giving immigration authorities the option to quickly remove migrants due to COVID-19 concerns. The court previously granted a similar request, resulting in a class-wide order ending the Title 42 process for individuals arriving in the U.S. with at least one child and who may be subject to removal. However, following that class-wide order, it was later found that only individuals who would return to locations where they may be subject to torture or persecution would be allowed to remain.

The Biden Administration will not be forced to process thousands of diversity visa applications prior to expiration. A federal judge determined the applicants are unlikely able to prove the diversity visa was illegally given a lower priority in processing. As such, the litigation requesting processing prior to the expiration date, which is September 30, 2022, has been denied. Diversity visas are intended for citizens of countries with low immigration rates to the U.S.